Washington state lawmakers are reportedly considering a new bill that could change the penalties for persons caught in internet sting operations. Senate Bill 5312 aims to reduce the legal penalties for those convicted in sting operations to catch online predators.
According to an article by My Northwest, SB 5312 seeks to shorten the penalties for people caught in an internet sting where child is involved. The bill seeks to make a clearer distinguish between someone targeting a minor and someone arrested in a set-up.
Net Nanny Operations and their Consequences
In Washington, internet sting operations are known as "Net Nanny" operations. Run by the Washington State Patrol's Missing and Exploited Children Task Force (MECTF), Net Nanny operations are meant to safeguard children from predators who initially approach them over the internet. However, these stings can sometimes lead to wrongful arrests or entrapment, making it crucial for those accused to seek the help of a child abuse defense lawyer who understands the complexities of such cases.
MECTF officers will pretend to be minors in online chatrooms, waiting for adults to approach them and try to engage in inappropriate conversations or to arrange meetups. When the adult takes a concrete step towards committing a crime, such as continuing a conversation with explicit intent or showing up at a meeting spot, they are arrested and charged with an attempted sex offense against a minor.
Net Nanny operations led to 20 sting operations, resulting in 311 arrests. People caught in a Net Nanny operation face serious criminal charges, including attempted rape of a child. Under Washington law, a conviction for attempted rape of a child or related charges can result in up to ten years in jail and fines of up to $20,000. You may also be mandated to register as a sex offender for a minimum of ten years.
SB 5312 aims to do two things: reduce the length of sex offender registration to five years, provided there are no prior sex offense convictions, and shorten community supervision. A defense lawyer can argue that for individuals with no history of predatory behavior, excessive supervision is unnecessary. In line with this, the bill proposes capping supervision to three years.
Aside from the criminal charges, jail time, fines, and supervision, if you are convicted in an internet sting operation, you will have a permanent criminal record, which will affect your employment opportunities and ability to secure housing. There's also the social stigma involved.
Unfair “bait and switch” tactics
Many people believe that, in many sting operation examples, there's too nuanced a line drawn between an actual predator and someone who was set up or led to incriminate themselves by police officers.
The seasoned attorneys of Marshall and Saunders have defended numerous clients who were arrested during an internet sting due to "bait and switch" tactics. They refer to this as their clients being intentionally misled by the police operative, not revealing that they were offering sexual encounters with a minor. Initial contact usually involved placing ads that offer sexual encounters without disclosing that the one making the offer is a “minor.”
Marshall and Saunders employ a variety of legal strategies to defend their clients who were caught up in internet stings. They work with their clients to ensure that their constitutional rights were not violated during the arrest and the rejection of the age assertion, meaning that the age of the fictional minor was not clearly established.
If you are caught up in an internet sting operation, remember that you have the right to remain silent and also a right to an attorney. Oftentimes, the shock of finding oneself caught in a sting operation may make someone utter incriminating statements. Contacting a reputable attorney and assessing your case is the best way to ensure that a Nanny Net operation does not ruin your life.
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